Ex-Fire Chief To Strike Back in Court

Egedi sues
On April 1, 2010, former Fillmore Fire Chief Pete Egedi (40) filed a wrongful termination lawsuit against the City of Fillmore, Fillmore City Council, City of Fillmore Volunteer Fire Department, and ten unnamed individuals claimed to be negligently and legally responsible for the alleged events and injuries cited in the civil complaint. The lawsuit lists violations of Firefighter’s Procedural Bill of Rights Act, violation of Due Process denying Egedi an Administrative Appeal, violation of the Brown Act, and violation of Fillmore’s Municipal Code, and includes a demand for a jury trial.

The Ventura Star reports that Egedi was terminated over allegations of misappropriating thousands of dollars, transferring money to his wife, as well as funding a city employee’s abortions and purchasing a wide-screen TV he had installed at his home. If convicted, Egedi could spend up to roughly five years in prison, says Senior Deputy District Attorney Kevin Drescher.

According to the complaint, the city allowed searches of Egedi’s storage space without his presence, consent, or a valid search warrant, and without first notifying him of the investigation. The complaint also alleges that his continued employment as Fire Chief was deprived him without due process of law; his request for an administrative appeal of his termination has not been addressed.

Further allegations include the City Council’s failure to include reference to the proposed termination of Egedi in the council meeting’s agenda on October 28, 2008, inferring that the “City Council must have met clandestinely to deliberate and take action” and thus denied the public the opportunity to comment directly to the council.

Asked how he thought the public would have commented had they been given the chance, Pachowitz replied, “We’ll find out once our case goes in and people see a lot more evidence they’ve seen so far.” Pachowitz says he believes Egedi shouldn’t have been terminated and argues that the council’s course of action was inappropriate; “At the time they were making the decision, nothing was on the agenda, and I don’t think the council was involved.” The alleged violations of protocol, he says, renders Egedi’s dismissal void; “It didn’t happen—not lawfully.”

The complaint also cites the violation of the Municipal Code due to there being no record of then-City Manager Tom Ristau obtaining the council’s consent before firing Egedi.

Fillmore City Attorney Ted Schneider maintains Ristau’s termination of Egedi was correctly executed and that the city “absolutely” followed proper procedures.

The lawsuit asks damages for Egedi’s past, present, and future lost income; monetary compensation for inconvenience, anxiety, and emotional distress; remuneration of attorney’s fees; and for the city to reinstate Egedi.

Upcoming trial
Meanwhile, the next installment of the Egedi case is the pre-trial hearing set for June 28, when Egedi will stand trial on four felonies: three counts of grand theft and one count of embezzlement.

It is alleged in the charging documents that Disaster Coordinator Patrick Maynard brought to the attention of then-Finance Director Barbara Smith evidence of “a possible misappropriation of city time and money,” says Drescher.

Sheriff’s Detective Cary Peterson of the Financial Crimes Unit says that the investigation started when members of the City of Fillmore—including then-City Manager Tom Ristau, City Attorney Ted Schneider, and Mayor Patti Walker—went to the District Attorney with evidence of a possible misappropriation of funds and some problems with the fire department’s accounts. The Sheriff’s Department was then summoned to look into matters. “[Egedi] is charged with criminal responsibility. We believe he knew what he was doing and we have evidence that he misappropriated funds that were under his control,” says Peterson. Physical evidence includes purchases of big-screen TVs, one installed at his private residence, checks written to a city employee who used the money for abortions, and bank records indicating that money from a city-funded fire department account was directed to Egedi’s wife Karol Egedi.

Peterson notes that in public trust cases such as this one, the Sheriff’s Department takes extra care to be thorough in their investigation of officials, as “the public has the right to expect a little more from them.”

Egedi pleaded not guilty at his arraignment on April 9. Pachowicz says he looks forward to the trial, as he believes that neither the public nor the prosecution has all the evidence; “Right now you have half the story.”

Maynard says his instructions from Egedi to drive the city employee to Planned Parenthood in Sherman Oaks for an abortion was not a part of his job duties and took place off work. He also notes that Egedi’s conspicuous spending on vehicles was “obvious.” According to the Ventura Star, Peterson testified at the preliminary hearing that Egedi’s predecessor as fire chief, Pat Askren, told him that Egedi “spent a lot on cars and boats and had a heavy gambling problem.”

Ristau’s departure
A source who asked to remain anonymous has revealed that Ristau, Egedi’s superior at the time, made several trips to Las Vegas with Egedi—as well as the city employee whose two abortions were paid for with city checks signed by Egedi—during their time with the city. In a recent phone call, Ristau said, “I don’t deny or confirm going to Las Vegas with [Pete Egedi],” citing his reservations regarding the fact’s relevance to the case.

After having worked for the city for 17 years and holding the position of city manager for three and a half years, Ristau resigned during the investigation, asking the City Council to waive the standard three-month notice. In his resignation letter, Ristau recommended Smith to fill the role of interim city manager for her experience, ability, and her having “the respect of other employees.”

Preventive Measures
In a bid to assure accountability, the City of Fillmore has taken measures to ensure taxpayer money is being spent appropriately since the Egedi incident. In a written statement, current city manager Yvonne Quiring says, “The City immediately closed the Fire checking account and made sure all the Fire accounts were being handled by the City through the Finance Department. All the City accounts and finances are audited by an independent auditor.”

Disappointment
The allegations and legal proceedings are a regrettable departure from the optimistic beginning of Egedi’s tenure as head of the fire department. In the city website’s archives, Askren had marked the occasion with praise for Egedi, saying “he understands the unique needs of the community as well as the unique needs of the department. He is easy to get along with and takes public safety seriously. The department will be in good hands.” One long-time Fillmore resident, Dorothy Hunt, reflects the thoughts expressed by others throughout the town, “I didn’t really know him, but I hope he’s innocent. And I hope we get to the bottom of this quickly so we can move forward.”

All sides of the story await resolution in the coming months.

Timeline
July13, 2005 Egedi promoted to fire chief after 13 years with the Fillmore Volunteer Fire Department
April 7, 2008 Suspicious checks discovered; Egedi placed on paid administrative leave
October 29, 2008 Egedi terminated
March 3, 2009 Ristau resigns as city manager
August 11, 2009 Egedi arrested
March 23, 2010 Preliminary hearing
April 1, 2010 Egedi files wrongful termination suit
April 9, 2010 Arraignment
June 28, 2010 Pre-trial hearing